Measures of Shanghai Municipality for the Administration of Outdoor Advertising Facilities

(Promulgated by Decree No. 56 of Shanghai Municipal People's Government on December 30, 2010; amended for the first time by Decree No. 53 of Shanghai Municipal People's Government on July 13, 2017; amended for the second time by Decree No. 19 of Shanghai Municipal People's Government on January 26, 2025)

Article 1 (Purpose and Basis)

With a view to regulating the management of outdoor advertising facilities in this Municipality, these Measures are formulated in accordance with the provisions of the Advertising Law of the People's Republic of China, the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, the Regulations of Shanghai Municipality on Urban and Rural Planning, and other relevant laws, rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Measures apply to the installation of outdoor advertising facilities and all the relevant management activities in connection therewith within the administrative area of this Municipality.

Article 3 (Definition)

Outdoor advertising facilities mentioned in these Measures refer to facilities of neon signs, billboards, electronic display devices, lantern boxes, models of material objects and other forms of outdoor advertising affixed to buildings, structures, and sites (hereinafter jointly referred to as positions).

Article 4 (Administrative Departments)

The municipal administrative department of landscaping and city appearance shall be in charge of the supervision and management, and the comprehensive coordination of the installation of outdoor advertising facilities in this Municipality; the district administrative departments of landscaping and city appearance shall be in charge of the supervision and management of the installation of outdoor advertising facilities within their respective jurisdictions.

The administrative departments of planning and resources shall be in charge of the supervision and management of relevant planning requirements on the installation of outdoor advertising facilities.

The administrative department of market regulation shall be responsible for the supervision and management of the contents of the outdoor advertisements.

The departments of housing and urban-rural development, transport, public security, ecology and environment, culture and tourism, price control, finance and urban management and law enforcement shall cooperate in the implementation of these Measures according to their respective functions and duties.

Article 5 (Requirements on Installation)

The installation of outdoor advertising facilities shall comply with the requirements of the installation planning of outdoor advertising facilities (hereinafter referred to as position planning) and its implementation scheme and the relevant technical specifications.

Article 6 (Formulation of Position Planning)

The municipal administrative department of landscaping and city appearance shall, jointly with the municipal administrative departments of planning and resources, and market regulation, formulate the position planning in the light of this Municipality's landscape, configuration and regional function, to be implemented with the approval of the Municipal People's Government.

In position planning, it shall be clearly specified where outdoor advertising is prohibited, where it may be displayed and where it is controlled. At the same time, corresponding administrative requirements shall be made clear.

Article 7 (Formulation of Implementation Scheme)

The district administrative department of landscaping and city appearance shall, jointly with the district administrative departments of planning and resources, and market regulation, formulate an implementation scheme for their respective jurisdictions on the basis of position planning, and submit the scheme to the municipal administrative department of landscaping and city appearance, and the latter shall, jointly with the municipal administrative departments of planning and resources, and market regulation, grant approval before it is implemented.

The implementation scheme shall meet the requirements of these Measures and position planning.

Article 8 (Formulation of Technical Specifications)

The municipal administrative department of landscaping and city appearance shall, jointly with the relevant administrative departments, formulate the technical specifications for the installation of outdoor advertising facilities (hereinafter referred to as technical specifications) in accordance with the State's and this Municipality's technical standards regarding city appearance, planning, and environmental protection.

Article 9 (Public Review and Opinion Solicitation)

In the process of formulating position planning, implementation scheme, and technical specifications, the organ in charge of the formulation shall adopt measures such as feasibility study meetings and symposiums, to solicit the opinions of relevant social organizations and experts, and then revise and improve the drafts accordingly. During the process of formulating the implementation scheme, it is also necessary to listen to the outdoor advertising facility installation requirements of relevant units.

Before the position planning, the implementation scheme and the technical specifications are submitted for approval, the organ in charge of the formulation shall make them public and adopt measures such as symposiums and public hearings, to solicit public opinions. The time for public review shall be no less than 30 days, and the time and location for public review, as well as the way of soliciting opinions shall be made public on the relevant government website. The organ in charge of the formulation shall fully consider the opinions of the public, and attach information on the adoption of public opinions and reasons therefore to the documents submitted for approval.

With the approval of the position planning, the implementation scheme and the technical specifications, the organ in charge of the formulation shall make public the full text on relevant government websites, and give a reply to the public about the adoption of opinions.

Article 10 (Amendment Requirements)

Position planning, implementation scheme and technical specifications shall not be altered without authorization after their approval; if alteration is really needed, the organ in charge of the formulation shall organize the amending as required by Articles 6, 7, 8 and 9 of these Measures. Among them, if there are partial adjustments to the implementation scheme, the publicity time can be appropriately shortened, but not less than 10 days.

Article 11 (Situations Where Installation Is Prohibited)

Installation of outdoor advertising facilities is prohibited in any one of the following situations:

1. where traffic safety facilities or traffic signs are made use of;

2. where the use of municipal public facilities, traffic safety facilities, traffic signs, fire protection facilities or fire safety signs is hampered;

3. where the production or the normal life of the residents is affected, or where city appearance is marred;

4. where the advertisements are to be placed in the architectural control zones of state organs, cultural relics protection units, scenic spots, etc;

5. where the advertisements are installed on excellent historical buildings;

6. where roadside trees are used, or where greens may be damaged; 

7. or other circumstances prescribed by laws, rules and regulations, that prohibit the installation of outdoor advertising facilities.

Installation of outdoor advertising facilities is prohibited within the red line areas of this Municipality’s roads, except for those attached to the bus or tram shelters or phone booths.

Article 12 (Acquisition of the Right to Use Public Positions)

Where outdoor advertising facilities are installed by use of public positions, the right to use positions shall be acquired through auction or public bidding.

The municipal administrative department of landscaping and city appearance shall, jointly with the municipal administrative department of planning and resources, put forward the scheme for the scope of the public positions, and shall implement it after approval of the Municipal People's Government.

The municipal administrative department of landscaping and city appearance shall, jointly with other relevant administrative departments, formulate detailed measures for the auction or public bidding of the right to use public positions.

Article 13 (Management Roles)

The right to install outdoor advertising facilities by use of public positions along the Elevated Inner Ring Road, the Elevated Yan'an Road, the Elevated North-south Road, the Elevated Humin Road, the Elevated Yixian Road and by use of other important locations designated by the Municipal People's Government, shall be sold by auction or bid invitation organized by the municipal administrative department of landscaping and city appearance. The right to install outdoor advertising facilities by use of other public positions shall be sold by auction or bid invitation organized by the district administrative landscaping of greening and city appearance.

Article 14 (Formalities for Installing Outdoor Advertising Facilities in Public Positions)

When the municipal or district administrative department of landscaping and city appearance organizes the auction or bid invitation to sell the right to use public positions, it shall formulate an auction or bid invitation scheme and solicit the opinions from the administrative departments of planning and resources, and market regulation at the same level.

Those who have, through auction or bidding, acquired the right to use the public positions to install outdoor advertising facilities shall sign a contract with the municipal or district administrative department of landscaping and city appearance on the use of the public position, and pay the fees accordingly. The full sum of the fees shall be turned over to the treasury.

Article 15 (Setting License and Filing)

Those who set up outdoor advertising facilities shall, in accordance with the provisions of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, apply for permits or filing procedures with the administrative department of landscaping and city appearance.

If the structure, volume, location, and other matters of outdoor advertising facilities that have been approved for installation are changed, the permit procedures shall be re-processed in accordance with provisions; If other matters need to be changed, the change procedures shall be handled with the original approval authority.

Article 16 (Time Limit for Installing Facilities)

The duration of installed outdoor advertising facilities with approval shall not exceed 3 years, and that of installed outdoor advertising facilities with electronic display shall not exceed 6 years. Specific standards for the time limit of advertising facilities shall be other provided by the municipal administrative department of landscaping and city appearance in the light of the material, size of outdoor advertising facilities.

The duration of temporarily installed outdoor advertising facilities shall not exceed 30 days.

After the expiration of the outdoor advertising facilities installation period, the installer shall dismantle them within 5 days; after the expiration of the temporary outdoor advertising facilities installation period, the installer shall dismantle them within 2 days.

Article 17 (Alteration and Retraction of Approval)

If the laws, rules or regulations referred to in the approval of the installation of outdoor advertising facilities have been revised or repealed, or if the objective circumstances taken into account in such approval have undergone great changes, the authority of approval may, with the approval of the Municipal People's Government, alter it or retract it, even after it comes into effect, in accordance with the law for the benefit of the public interests. In doing so, the said authority shall inform in writing the owner of the outdoor advertising facilities and compensate him/her for the loss of property resulting from the alteration or retraction of administrative approval.

Article 18 (Installation of New Type of Outdoor Advertising Facilities)

For the installation of new type of outdoor advertising facilities, the municipal landscaping and city appearance administrative department shall organize technical demonstration in conjunction with relevant departments. After the technical demonstration is passed, relevant procedures shall be handled in accordance with the law.

Article 19 (The Source Management of Electronic Display Devices)

When building, renovating, or expanding construction projects, if outdoor advertising facilities with electronic display devices need to be installed, the development unit's construction project design plan and construction drawing design documents should include the design content of such devices.

The municipal or district administrative departments of planning and resources shall seek the opinions of the administrative departments of landscaping and city appearance a the same level on whether the design content of outdoor advertising facilities with electronic display devices complies with the provisions of the position planning, implementation scheme and relevant technical specifications during the stage of verifying the planning conditions of construction projects and reviewing the design scheme of construction projects.

The review agency for construction drawing design documents shall, in accordance with the law, review whether the location and volume of outdoor advertising facilities with electronic display devices in the construction drawing design documents meet the requirements of the construction project design scheme.

The installation of outdoor advertising facilities with electronic display devices shall also comply with the relevant national and local provisions on the safety management of electronic display screens in public areas; For those involving information systems, they should also comply with the provisions of relevant laws and rules on network security, and take necessary security technical protection measures.

Article 20 (Maintenance Management)

The installer of outdoor advertising facilities shall maintain and upkeep the outdoor advertising facilities in accordance with provisions. Patterns, text, and lighting that are incomplete, damaged, missing, dirty, corroded, or outdated should be repaired or replaced in a timely manner.

If outdoor advertising facilities are equipped with lighting sources, they should comply with lighting limits and other requirements to prevent affecting the normal life of surrounding residents and the safe driving of vehicles and ships.

Article 21 (Safety Management)

The installer of outdoor advertising facilities shall, in accordance with the relevant provisions of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, strengthen the routine maintenance and safety check to keep them firm and secure.

If outdoor advertising facilities have safety hazards or lose their use value, the installer shall promptly repair or dismantle them.

If the approved outdoor advertising facilities have been set up for 2 years, the installer shall entrust a professional testing unit to conduct safety test in accordance with the technical specifications for outdoor advertising facility safety testing every year, and submit a report on the safety test to the municipal or district administrative department of landscaping and city appearance; the installer shall repair or remove immediately the outdoor advertising facilities that have failed the safety test.

The unit that designs outdoor advertising facilities shall specify their designed service life.  The installer of outdoor advertising facilities shall replace those facilities that have exceeded their designed service life.

The municipal and district administrative departments of landscaping and city appearance, as well as the town/township people's governments and sub-district offices, shall strengthen the supervision and management of the safety of outdoor advertising facilities. They can entrust professional testing units to conduct safety sampling test of outdoor advertising facilities through government procurement and other means; when necessary, centralized safety test and rectification of outdoor advertising facilities can be organized and implemented.

The municipal administrative department of landscaping and city appearance shall formulate the technical specifications on the safety test of outdoor advertising facilities.

Article 22 (Emergency Prevention)

After the issuance of typhoon, rainstorm, snowstorm, thunder and lightning and other disastrous weather warnings and meteorological disaster warning signals, the municipal and district administrative departments of landscaping and city appearance, town/township people's governments and sub-district offices shall immediately launch relevant emergency plans, carry out safety inspections of outdoor advertising facilities, and urge the installers to take safety precautions in a timely manner. The installer shall strengthen the safety inspection of outdoor advertising facilities, take corresponding safety precautions, and eliminate safety hazards.

Article 23 (Liability of Carrier Owner)

Units and individuals shall not provide installation carriers for outdoor advertising facilities that do not meet the requirements of the position planning and implementation plan.

If the owner of the building, structure or other carrier where the outdoor advertising facilities are located is inconsistent with the installer, the owner shall urge the installer to lawfully install, maintain and manage the outdoor advertising facilities; if the installer illegally sets up outdoor advertising facilities or fails to fulfill the maintenance and management responsibilities, the owner shall promptly report to the district landscaping and city appearance administrative department.

Article 24 (Quality and Safety Requirements)

Units and individuals engaged in outdoor advertising facility design, construction and installation, and safety test activities shall comply with the requirements of the relevant laws, rules, regulations, standards, and technical specifications of the State and this Municipality, and be responsible for the quality and safety of design, construction and installation, safety test, etc.

Article 25 (Requirements on the Content of Outdoor Advertisements)

The outdoor advertisement shall be truthful, legal, and express its content in a healthy way, in line with the requirements of socialist spiritual civilization construction and the promotion of excellent traditional culture of the Chinese nation. It shall not contain false or misleading content, and shall not deceive or mislead consumers. The Chinese characters, letters, and symbols used in outdoor advertisement shall comply with national provisions.

It is encouraged to use outdoor advertising facilities to publish and broadcast public service advertisements. The content of public service advertisements published and broadcasted shall comply with the relevant provisions of the State and this Municipality.

Outdoor advertisements whose content may cause undesirable impact are prohibited, with the exception of those installed or released by the unit within its operation premises, which are related to its products or its business services.

The specifics concerning the undesirable content of outdoor advertisements shall be defined separately by the municipal administrative department of market regulation and made known to the public.

Article 26 (Information Collection, Sharing, and Application)

The municipal administrative department of landscaping and city appearance shall, in conjunction with the municipal department of planning and resources, market regulation, housing and urban-rural development, urban management and law enforcement, rely on the big data resource platform to strengthen the collection, sharing and application of relevant permits, supervision and law enforcement information of outdoor advertising facilities, optimize government services, and enhance regulatory efficiency.

Article 27 (Complaint Handling)

Any unit or individual person who finds violations of these Measures may file a complaint or report to the administrative department of landscaping and city appearance, the urban management and law enforcement or other relevant administrative departments. Upon receiving the complaint or report, the relevant administrative department shall handle the case within a prescribed time limit, and give feedback to the complainer or reporter on the result.

Article 28 (Existing Provisions for Punishment)

If laws, rules or regulations already have provisions for punishing the acts of violating these Measures, such provisions shall prevail.

Article 29 (Punishment for Violating the Provisions Concerning Advertisement Content)

In case the content of outdoor advertisements that are released may cause undesirable impact, in violation of the provisions of Clause 3 of Article 25 of these Measures, the municipal administrative department of market regulation shall order the installer to make rectification within a prescribed time limit, and impose a fine of not less than 3,000 yuan but not more than 30,000 yuan.

Article 30 (Civil Compensation Liability)

The installer of outdoor advertising facilities shall bear civil compensation liability in accordance with the law in case he/she fails to repair or replace his/her outdoor advertising facilities in time and allows such facilities to collapse or fall, causing personal injuries, or damage or loss of property.

Article 31 (Administrative Responsibility)

If such departments as landscaping and city appearance, etc. and their staff abuse their power, neglect their duties, or engage in favoritism and fraud, the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the law.

Article 32 (Effective Date)

These Measures shall be effective as of January 1, 2011. The Measures of Shanghai Municipality for the Administration of Outdoor Advertising Facilities promulgated by Decree No. 43 of Shanghai Municipal People’s Government on December 15, 2004 shall be repealed at the same time.